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Small ClaimsPartially AllowedNot stated (Notice of motion dated 15th June 2026)· [2026] SCC 185 (KLR)
Karira v County Government of Uasin Gishu (Commercial Case E4817 of 2025) [2026] SCC 185 (KLR)
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#What this practically means
#Executive summary
#This Small Claims Court ruling at Eldoret, delivered by M.E Aligula, RM on 31st July 2026, determined a Notice of motion dated 15th June 2026 by the applicant, Nicholas Gituhu Karira, seeking enforcement of a judgment delivered on 7th October 2025 against the respondent, a county government, in which the decretal amount and certificate of costs totalled Ksh 698,927.78. The respondent opposed through a preliminary objection dated 1st July 2026, contending that the Small Claims Court lacked jurisdiction to issue a certificate of costs against a county government, and that enforcement against government is governed by section 21 of the Government Proceedings Act (as applied to county governments by section 21(5) and section 134 of the County Government Act), requiring a certificate of order rather than a certificate of costs. The court canvassed the application and preliminary objection through written submissions and framed a single issue: whether both were meritorious. It held that under section 21(1) of the Government Proceedings Act, unsatisfied money decrees against government can only be enforced by obtaining a certificate of order and then mandamus compelling the accounting officer to pay, following the High Court decision in Republic v Garissa County Government ex parte Gamadid Trading Company Limited. Finding that section 21(5) applies the mechanism to county governments, and that the certificate is ancillary to enforcement of its own decree, the court dismissed the preliminary objection, allowed the application with costs, and granted leave to appeal.
Key legal issues
#01
Jurisdiction of the Small Claims Court to issue a certificate of order against a county government
Holding
The court has jurisdiction to issue the certificate of order against the government as ancillary to enforcement of its own decree.
Reasoning
The respondent argued enforcement against a county government is governed by the Government Proceedings Act (s.21) as applied by s.21(5) and s.134 of the County Government Act, and that only a certificate of order, not a certificate of costs, suffices. The court agreed a certificate of order under s.21(1) is the statutory mechanism, held that s.21(5) extends this to county governments, and found that since this court issued the decree, it is properly seized to issue the certificate as an ancillary enforcement power.
p. 4
Legal principles established
#- Where a decree for money or costs has been issued against the Government and remains unsatisfied, enforcement requires a certificate of order under section 21 of the Government Proceedings Act, and the court that issued the decree has jurisdiction to issue that certificate as an ancillary power.
- Section 21(5) of the Government Proceedings Act applies section 21, with necessary modifications, to civil proceedings by or against a county government.
Court orders
#- 1.The Preliminary Objection dated 1st July 2026 is dismissed
- 2.The Notice of motion dated 15th June 2026 is allowed with costs
- 3.Leave to appeal is granted
- Jurisdiction invoked
- Small Claims Act, sections 4(1) and 12(1); Government Proceedings Act Cap 40, section 21(1), (3) and (5)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Karira v County Government of Uasin Gishu (Commercial Case E4817 of 2025) [2026] SCC 185 (KLR)", Case Analysis (2026). Not stated (Notice of motion dated 15th June 2026). Source: https://new.kenyalaw.org/akn/ke/judgment/scc/2026/185/eng@2026-07-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.